Monday, November 25, 2013

Charter Township of Delta v. Dinolfo case brief

Plaintiff Charter Township of Delta
(township) filed actions for injunctive relief against defendant
homeowners. The Court of Appeals (Michigan) affirmed the judgment of
the trial court, which granted summary judgment in favor of the
township. The homeowners appealed.

CASE FACTSThe homeowners contended that the
definition of "family" in Delta Township, Mich., Ordinance
§ 2.2.0(28) both prohibited and allowed property uses in an
unreasonable, arbitrary, and capricious manner in violation of the
Due Process and Equal Protection Clauses of the United States and
Michigan Constitutions.

DISCUSSION

The court stated that to limit residentially
zoned property to use by a traditional family and a number of
unrelated persons was permissible under the United States
Constitution.

The court found that there had been no evidence
presented that unrelated persons had any less a need for the
advantages of residential living or that they had as a group behavior
patterns that were more opprobrious than the population at large.

The
court held that in the absence of such demonstration to justify the
classification, § 2.2.0(28) was arbitrary and capricious under the
Due Process Clause of the Michigan Constitution.

Thus, § 2.2.0(28)
was capricious, arbitrary, and in violation of the Due Process Clause
of the Michigan Constitution in that it limited the composition of
groups in a manner that was not rationally related to the stated
goals of the zoning ordinance.

CONCLUSION
The court reversed the judgment of the court of appeals.Recommended Supplements and Study Aids for Property Law

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